S. Prabu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR S.Prabu ... Petitioner vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Othakadai, Madurai District.

3.The Inspector of Police, Karuppayoorani Police Station, Madurai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to direct the first respondent herein to transfer the investigation of the case in Crime No.92 of 2018 from the file of the third respondent to any other competent agency for further investigation. For Petitioner : Mr.Pradeep for Mr.B.Arun For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the first respondent to transfer the investigation of the case in Crime No.92 of 2018 pending on the file of the third respondent to any other competent agency.

2.On the basis of the complaint lodged by the petitioner's wife Sangeetha, FIR came to be registered in Crime No.92 of 2018 dated 26.06.2018 for the alleged offences under Sections 279 and 337 IPC. 3.The third respondent/Inspector of Police attached to 1/3

Karuppayoorani Police Station, after investigation, has filed the final report dated 19.10.2018 stating that the vehicle and the driver, who had allegedly caused the accident had been undetected. 4.The learned Additional Public Prosecutor would submit that the Sub-Inspector of Police has proceeded with the investigation and examined 27 witnesses and even thereafter, they could not identify the driver and the vehicle allegedly involved in the incident and the investigation is in progress.

5.At this juncture, the learned counsel for the petitioner would submit that the petitioner is possessing some video footage and if so, the petitioner is at liberty to produce the video footage and other evidences available with them to the Investigation Officer and the Investigation Officer, after receiving the same, is directed to proceed with the investigation and complete the same and file a report within a period of two months from the date of receipt of a copy of this order.

6.With the above direction, this criminal original petition is disposed of.

Sd/- Deputy Registrar (LA&MC) // True Copy // / /2022 Sub Assistant Registrar(CS) csm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Othakadai, Madurai District.

3.The Inspector of Police, Karuppayoorani Police Station, Madurai District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.ARUN, Advocate ( SR-3801[F] dated 02/02/2022 ) 02.02.2022 RD(04.03.2022) 3P 6C 3/3